EX SEPOY 10403951 HANSRAJ SINGH YADAV SHRI MAHARAJ SINGH YADAV Vs. OFFICER COMMANDING 56 DEFENCE SECURITY CORPS PLATOON ATTACHED TO AIR FORCE

JUDGEMENT

(1.) Heard Sri Rahul Jain, learned Counsel for the petitioner, and Sri Bal Mukund, learned Counsel appearing for the respondents.

(2.) In this petition prayer has been made for quashing the order dated 09.12.1999 passed by the respondent No. 1, whereby in compliance to the order of this Court dated 17.09.1999 passed in Civil Misc. Writ Petition No. 40134 of 1999 (Ex. Sepoy No. 10403951 Hansraj Singh Yadav v. Union of India and Ors.) the representation and grievances of the petitioner were considered and decided, and the petitioner has further sought relief for quashing of the discharge order dated 01.05.1988).

(3.) The brief facts necessary for adjudication of the case are that initially the petitioner was appointed on 13th December, 1971 with 114 Infantry Pattawori (TA) and had with the same upto 25th March, 1979 and thereafter he March, 1979. was re-enrolled in Defence Security Corps on 26th March, 1979 and as per his option, his initial terms of engagement in Defence Security Corps (contract period) was for ten years, whereas, his embodied service of 5 years and 101 days rendered with Infantry Battalion (TA) was allowed to be counted towards pension/gratuity in Defence Security Corps. However, during short span of service with Defence Security Corps, the petitioner was tried for various offences under the Army Act and was awarded punishment as under: